In re the Accounting of Morgan Guaranty Trust Co.

Order, entered on May 20, 1965, appointing a Referee, unanimously reversed, on the law and on the facts, and the matter ordered to proceed in accordance with the conclusion hereinafter set forth, with $30 costs and disbursements to all parties filing briefs, payable out of the fund. Matter of Bauer (14 N Y 2d 272) and Matter of Pratt (5 A D 2d 501, affd. 8 N Y 2d 855) make clear that the validity of the exercise of the power of appointment is governed by New York law, notwithstanding that the settlor may have died a foreign domiciliary. Accordingly a reference to determine domicile serves no…